Wm. Severin Thompson wrote:
> To the esteemed Thicko brethren of the law profession,
>
> As if I didn't have enough shit in my life... divorce and all...
>
> It appears that there's a man by the name of Doug Kniff, in the Grand Rapids
> area that claims to have puchased "part" of my Healey Sportsboat. This is
> interesting, since I have/had no intention of selling my Healey Sportsboat.
> I have not spoken with him yet, but he apparently was looking to get the
> rest of it.
>
> The boat was in a small town, near South Haven, where a "friend" was
> supposed to be completing a restoration. This scenario goes back almost 9
> years. He quoted a price, which I paid him up fron, in order that he could
> purchase the materials necessary. A couple of years went by, and I would
> inquire from time to time... he would claim to be making progress. Then, he
> said he needed more money to finish it, which I provided. I paid him in
> person, with a witness who knows the story, and a promise from him that the
> boat would be completed. I also let him use my 4hp air compressor and
> numerous body tools, spray guns. etc.
>
> I haven't heard from him in a number of years... (my fault, I'm sure)... but
> I never expected this.
>
> I can prove I own the boat, or at least still get in contact with the man I
> bought it from. The boat is documented on my web site. The "friend" that
> "sold" my boat to Mr. Kniff, never contacted me, either via phone or in
> writing to indicate that he either couldn't complete the project, that it
> was done, or he needed more money than the agreed upon price he was paid
> (which I do have in writing somewhere...).
>
> So, all you lawyer types... how do I protect my interests in this? The boat
> has great value to me due to it's rarity. Who do I go after, and how?
>
> WST
Okay, I'm no lawyer but I get involved in all kinds of legal matters at work.
Sao here is my spin on this issue:
1: If you, the boat, the person doing the restoration and the proclaimed
partner are all in the same state, matters will be much easier. If not, the
nastier it gets the more expensive the lawyers get.
2. If you have a title or bill of sale showing serial numbers in your name, the
boat is yours and no one else has a claim. Should other parties have documents
indicating an interest in this boat, the absence or forgery of your signature
should be fairly simple.
3. With regard to payments made, as Judge Wapner always said show me the
receipt (or canceled check). Friends witnessing any transaction is okay, but
this is always disputable.
4. If the person doing the restoration has sold interest in the boat, he
could not have legally done so without filing for a mechanics lien. If this was
done, you should have been contacted by registered mail (at your last address
known to the restorer). If this was not done, the restoration guy could be
guilty of theft and depending on the value of the boat this could be a felony.
Steps to be taken:
1. Contact the restorer and inform him/her that he/she has 30 days in which
to return or make arrangements to return the boat whole or in parts to you.
Indicate that failure to do so will lead to legal action including a possible
criminal complaint.
2. Contact the alleged partner and indicate that you have not sold any
interest in the boat and that any such sail was done without your consent and is
not legally binding.
3. If everyone/everything is in the same state, go to your local court house
and obtain paperwork and guidelines for filing a small claims action. If the
boat is not returned to you and if small claims action is not the appropriate
action to pursue (very likely not) then contact a lawyer. A letter from a
lawyer generally carries more weight than one from a concerned party and may
spur some action.
If all this fails, you can always take more violent action, but then you would
have to move to Brazil or Argentina to escape prosecution. Not great places to
live.
Ultimately, should this person be a Thicko, you can revoke his good standing as
a Thicko and really hurt the person where it hurts.
Good luck.
E.
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